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Archive: June, 2019

Posts in June, 2019

Changes on Tax Front & other Changes proposed in Maharashtra Budget 2019

June 19, 2019 15330 Views 2 comments Print

Maharashtra Settlement of Arrears of Tax, Interest, Penalty or Late Fee Ordinance, 2019. 1. The First Phase of Settlement Scheme will end on 31st July 2019 whereas, the Second Phase will end on 31st August 2019. 2. An amendment is done to bring clarity as to whether, the adjustment of tax would be towards undisputed tax or towards disputed tax.

FAQ on recent Clarifications on GSTR 9 & GSTR 9C

June 19, 2019 138126 Views 121 comments Print

GST annual return filing is mandatory for all entities having GST registration, irrespective of turnover during the financial year. Hence, even businesses that have obtained GST registration and having even NIL turnover must file annual return. GST registration holder who has obtained the registration anytime before 1st April 2018 are required to file GST annual […]

Govt compulsorily retires 15 Senior Officers of Custom & Excise

June 18, 2019 1362 Views 0 comment Print

Government of India compulsorily retires 15 Senior Officers of the Indian Revenue Service (C &CE) with immediate effect  In exercise of the powers conferred by Clause (j) of Rule 56 of the Fundamental Rules, the President of India has retired 15 officers of Indian Revenue Service (IRS)(C&CE) in public interest with immediate effect on completing […]

What to do if you receive a Income Tax Notice?

June 18, 2019 11502 Views 1 comment Print

After receiving the tax returns, the tax authorities examines the returns filed and if due to any reason they believe that information submitted by an assesee is wrong or incomplete then the assesee is served with a notice demanding justifications/ penalty or any action as stated by the department in the notice so served. There […]

FIR can be lodged under Code of Criminal Procedure for GST offences

June 18, 2019 23346 Views 0 comment Print

The contention of the petitioner  that no FIR report can be lodged under the provisions of the Code of Criminal Procedure for offences punishable under the IPC, as  proceeding could only be drawn against him under the U.P. GST Act,  2017, is  rejected.

Solving The Dilemma of Dual Residence

June 18, 2019 2565 Views 0 comment Print

This paper aims at analysing the tie-breaker test in determining residence in the OECD as prescribed under Article 4(3) and how it is evolved. It analyses the 2017 update to the OECD which prescribes the Mutual Agreement Procedure (MAP). The paper finally provides a method of properly implementing MAP and how it can be effectively done so through arbitration by choosing the correct method.

HC condones reasonable delay in Appeal Filing due to Non-Communication of order to Trustee

June 18, 2019 1263 Views 0 comment Print

Aeren Foundation Trust Vs Commissioner of Central CGST (Bombay High Court) The record indicates that the order in the appeal was duly served at the office of the appellant on 20th July 2017. Even the appellant admits that the order in the appeal was so received by some staff member of the appellant Trust. Accordingly, […]

Modified Approval process for issue of paper Income Tax refunds and Manual Order Upload functionality

June 18, 2019 675 Views 0 comment Print

Kind reference is invited to ITBA assessment instruction no 9 dated 07.05.2018 in which the process of uploading of manually passed order in ITBA system was described. Vide above instruction it was explained that for doing any work in system, the previous orders should have been passed in system.

No addition U/s 68 for Normal donation received by trust even if anonymous

June 18, 2019 3177 Views 0 comment Print

Shree Shiv Vankeshawar Educational & Social Welfare Trust Vs ACIT (ITAT Delhi) Admittedly the assessee has received a donation of INR 16265000/– from 1038 individuals and ld CIT (A) has noted that same is credited to the income and expenditure account of the assessee, However ld AO has noted that same is credited as Corpus […]

Mere upload of order on SEBI website not amounts to service of order: SAT

June 18, 2019 882 Views 0 comment Print

Dr. Prannoy Roy & Ors. Vs SEBI (SAT) it is essential for SEBI to supply a copy of the impugned order to the aggrieved party, namely, the appellants. An adjudication proceeding had been initiated by SEBI by issuance of the show cause notice. The appellants thus have the first right to be supplied a copy […]

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